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HomeMy WebLinkAbout11-13-2024 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT Wednesday, November 13, 2024 — 5:15 PM City Hall, 410 East Washington Street Emma Harvat Hall Agenda: 1. Call to Order 2. Roll Call 3. Special Exception Item a. EXC24-0004: An application submitted by Staci Humiston of Reach For Your Potential requesting a special exception to allow a daycare use in a Low Density Single -Family Residential (RS-5) zone for the property located at 1839 B Street. (EXC24-0004) 4. Consideration of Meeting Minutes: August 22 and October 10, 2024 5. Board of Adjustment Information 6. Adjournment If you need disability -related accommodations in order to participate in this meeting, please contact Parker Walsh, Urban Planning at 319-356-5238 or at pwalsh@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. Upcoming Board of Adjustment Meetings Formal: December 11 / January 8 / February 12 Informal: Scheduled as needed. IOWA CITY BOARD OF ADJUSTMENT DATE: l EMMA J. HARVAT HALL Sign -in sheet PRINT your name and address CLEARLY. This information is part of the Public Record —it is used by our minute taker to identify those who speak before the board. Name . Ac9dres.. 11al 7 z Z i'd Z, �� X Lo-5-Al- �za e_ A. November 13, 2024 Board of Adjustment Meeting EXC24-0004 ITEM 3A ON THE AGENDA Staff Report Prepared by Staff STAFF REPORT To: Board of Adjustment Prepared by: Parker Walsh, Associate Planner Item: EXC24-0004 Date: November 13, 2024 1839 B Street GENERAL INFORMATION: Applicant: Staci Humiston Reach For Your Potential Inc. 1705 S 1 st Ave I Iowa City, IA 52240 staci. h umiston(c-)_rfyp.orq Contact Person: Ross Nusser 202 N Linn ST Unit: Unit 501 Iowa City, IA 52245 rossnusser(a)urbanacres.com Property Owner(s): Eureka Lodge #44 Independent Order of the Odd Fellows 1839 B Street Iowa City, IA 52245 Requested Action: Approval of a special exception to allow a daycare use in a Low Density Single -Family Residential (RS-5) zone Purpose: Location: Location Map: Establishment of a new daycare center 1839 B Street Size: Existing Land Use and Zoning Surrounding Land Use and Zoning Applicable Code Sections: File Date: 26,524 square feet Residential; Low Density Single -Family Residential (RS-5) zone North: Residential; Low Density Single Family Residential (RS-5) East: Residential; Low Density Single Family Residential (RS-5) South: Residential; Low Density Single Family Residential (RS-5) West: Residential; Low Density Single Family Residential (RS-5) 14-4B-3A: General Approval Criteria 14-4B-4D-7: Daycare Uses October 10, 2024 BACKGROUND: The applicant, Reach For Your Potential, Inc. intends to use the subject property at 1839 B Street as a daycare facility for up to 100 children. The subject property and surrounding neighborhood are currently zoned Low -Density Single -Family Residential (RS-5) which allows a daycare use by special exception. The subject property was developed prior to its current zoning designation. The existing structure was built c. 1960 as a church and has been used as a fraternal lodge by the Independent Order of Odd Fellows since 1974. The property is unusual in that it includes undeveloped land in the rear of the property that is separated from the rest of the lot by a public alley. In addition, several elements of the site do not comply with current zoning standards because it was developed under a different zoning code. The applicant proposes several site improvements. These include, additional parking, establishing traffic circulation to avoid congestion and providing play space, adding new pedestrian paths with raised curbs along the southern and western sides of the existing building connecting the parking areas to the entrances, and adding new landscaping buffers to east and west side of the existing building and around the parking areas south of the alley. Existing site development that is currently non -conforming is legally allowed to continue. The applicant held a Good Neighbor Meeting on October 29, 2024. A summary of the meeting is attached. ANALYSIS: The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare; to conserve and protect the value of property throughout the city; and to encourage the most appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of property in a manner that does not intrude upon adjacent property. The Board may grant the requested special exception if the requested action is found to be in accordance with the specific criteria included in Section 14-4B-4D-7, pertaining to daycare uses, as well as the general approval criteria in Section 14-4B-3A. For the Board of Adjustment to grant this special exception request, each of the following criterion below must be met. The burden of proof is on the applicant, and their comments regarding each criterion may be found on the attached application. Staff comments regarding each criterion are set below. Specific Standards: 14-4B-4D-7: Daycare Uses: a. Required Interior Activity Areas: Child daycare centers must contain at least thirty five (35) square feet of usable interior floor space per child. Adult daycare centers must contain a minimum of sixty (60) square feet of usable floor area per adult client. An additional twenty (20) square feet of floor area is required for every adult client who uses ambulatory aids. Reception areas, kitchens, storage areas, offices, bathrooms, hallways, treatment rooms, and specialized areas used for therapy are excluded when calculating the required floor area. The dining area may only be included in the square footage calculation if used by daycare participants for activities other than meals. When collocated in a facility that houses other uses or services, the proposed daycare use must have its own separate identifiable space for program activities during operational hours. FINDINGS: • The subject property has approximately 5,552 square feet of interior floor space used for daycare purposes which could accommodate up to 158 children. • The applicant proposes using the subject property for a daycare use with up to 100 children, which is well below the maximum allowed based on the usable interior floor space. • The applicant intends to begin daycare operations with 40 children and increase over time. b. Required Outdoor Areas: Child daycare uses must provide a fenced outdoor play area of not less than one hundred (100) square feet per child based on the maximum number of children that will be using the outdoor play area at any given time. The outdoor play area must meet the following standards: (1) Playground equipment is not permitted within the front and side setbacks. (2) Outdoor play areas must be well drained, free from hazards, and readily accessible to the daycare center. In residential zones, outdoor play areas must be completely enclosed by a fence at least four feet (4') in height. In commercial and industrial zones, the outdoor play area must be completely enclosed by a fence built to the S4 standard and be screened along the perimeter of the fence to the S3 standard. (See chapter 5, article F, "Screening And Buffering Standards", of this title.) The city may waive the screening requirement if it is determined that land uses surrounding the daycare use will not pose a nuisance or safety hazard to the children such that a screening buffer is necessary. FINDINGS: • The subject property is zoned Low Density Single -Family Residential (RS-5). • All playground equipment is located outside of front and side setback areas. • The site plan includes an outdoor play area of approximately 3,795 square feet which can accommodate up to 37 children at one time. • The outdoor play area will be enclosed by a 4-foot-tall fence and is free from hazards. • The subject property is within easy walking distance of Chadek Green Park. c. Vehicular Circulation: The use must provide a drop off/pick up area in a location that is convenient to or has good pedestrian access to the entrance to the facility. This drop off/pick up area must contain sufficient stacking spaces and/or parking spaces to ensure that traffic does not stack into adjacent streets or other public rights of way. (See minimum parking requirements for daycare in section 14-5A-4, table 5A-2 of this title.) To promote safe vehicular circulation, one-way drives are encouraged. FINDINGS: • Most traffic is expected to flow in one direction through the site with vehicles accessing the subject property from B Street, continuing south through the property, and exiting east through the alley towards 51" Avenue. The alley is currently unimproved. The proposed use is for a daycare accommodating up to 100 children, which will significantly increase the daily traffic within the alley. Due to the anticipated increase in daily traffic beyond what is typically experienced in a residential alley, staff recommends a condition that Reach For Your Potential, Inc. improve (pave) the alley to City standards from the western property line east to 5t" Avenue, the shortest improvement route to a street, prior to occupancy to ensure safe and efficient travel through the site. Like all residential alleys, adjacent property owners, including Reach For Your Potential, Inc. will be responsible for snow clearance, but the City will maintain the paved alleyway surface for the life of the pavement (assumed to be 20 years) if improved to City of Iowa City standards. • The subject property has 24 parking spaces, including 11 spaces south of the alley, 8 existing nonconforming spaces just north of the alley, and 5 existing nonconforming spaces in front of the building. • The site has 7 stacking spaces west of the building on a 9-foot wide, one direction drive. • All parking and stacking/loading spaces are connected to the building with pedestrian routes. • Daycare uses require 1 parking space per employee based on the maximum number of employees at the site at any 1 time, plus 1 parking space for each 10 children served based on the maximum number of children present on the site at any one time, plus 1 stacking space for each 20 children served based on the maximum number of children present on the site at any one time. • Stacking and parking spaces are adequate to accommodate up to 100 children, in addition to 14 staff members. However, the final required number of parking spaces will be determined by staff -to -children ratios which could vary over time. • The site plan shows bicycle parking that meets the minimum requirement of 4 spaces. d. Pedestrian Circulation: A sidewalk must be constructed connecting the main entrance of the center to the adjacent public right of way. Pedestrian access must be clearly separated or distinguished from vehicular circulation areas to minimize the extent to which users of the facility are required to walk across drives or aisles to gain access to the daycare center. FINDINGS: • The subject property has a sidewalk from the main entrance to the public right of way. • There is currently no sidewalk along the B Street right of way near the subject property. W The site plan proposes new pedestrian paths with raised curbs through the property along the west and south sides of the building that help minimize the extent to which users must walk across drives or aisles. Staff recommends a condition that any new pedestrian routes through the site have a raised curb to help ensure pedestrian safety. Staff recommends the condition that the outdoor play area be made accessible by a pedestrian path with a demarcated crossing over the alley. e. Site Development Standards: If the proposed use is located in a residential zone or in the central planning district, it must comply with the multi -family site development standards as set forth in section 14-213-6 of this title. Daycare facilities that are accessory uses are exempt from this provision. FINDINGS: • The proposed use is in a residential zone in the Central Planning District, so it must comply with the multi -family site development standards. • The building and site meet some multi -family site development standards but do not comply with standards related to the location and design of surface parking (Section 14-213-6C), mechanical equipment (Section 14-213-6H), and additional standards in the Central Planning District (Section 14-213-61), specifically regarding the location of parking areas, required setbacks for parking areas and drives, landscaping between parking areas and ground floor windows, location of mechanical equipment, and the windows and architectural style of the building. • All existing noncompliant features are either considered elements of a non -conforming structure or non -conforming development, which allow a change in use provided the change does not increase or extend the degree of nonconformity. • All changes to the site being proposed as part of this special exception do not increase or extend the degree of non -conformities on the site, and new site elements comply with current zoning requirements. General Standards: 14-413-3: Special Exception Review Requirements: 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. FINDINGS: • The existing building and site characteristics are well suited to a daycare use. • Potential negative impacts due to increased traffic is mitigated as discussed below. • The proposed use will provide services that are beneficial to the neighborhood. 2. The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. FINDINGS: The proposed daycare use will primarily be in an existing building, and outdoor play areas are relatively small and set back and screened from adjacent properties which will help mitigate noise impacts. Additional traffic is likely to be generated by the proposed use during business hours, but the proposed traffic flow, site layout, and recommended conditions will mitigate potential negative impacts. New parking areas south of the alley are setback and screened from abutting uses. Existing parking areas and drives are currently not screened from adjacent properties as part of a legal nonconforming development, but the site plan shows new landscaping to buffer parking from and provide additional privacy to abutting uses. Staff recommends this new S2 screening be required along the property lines of existing parking areas as a condition of approval to align with current zoning standards. 3. Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located. FINDINGS: • The surrounding area is already a fully developed residential neighborhood. • The proposed use will occupy an existing structure that has been in the neighborhood since 1960 and will provide beneficial services that will not substantially impact the development or improvement of surrounding property. • Conditions help mitigate potential negative effects for surrounding properties. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. FINDINGS: • The subject property and neighborhood are already developed, so all utilities, access roads, and necessary facilities are established. • This neighborhood was largely developed without sidewalks, but there is a pedestrian connection to the right of way and through the site. • Based on the proposed use and site layout, it is anticipated the alley will see a significant increase in vehicle use. This increased traffic through the alley is expected to accelerate alleyway deterioration without improvements. Improving the alley to City standards would provide a paved surface, maintained by the City for the life of the pavement, that is capable of accommodating the additional traffic volumes. If left unimproved, the alley would require significant ongoing maintenance from the adjacent property owners, which can be difficult to coordinate among multiple property owners. Chip seal or other improvements that do not meet City standards can provide short term performance but have a much more limited lifespan and durability, requiring additional ongoing repairs. Alleys that are not adequately maintained can result in surfaces that are difficult to use, or even cause vehicle damage, due to potholes, uneven surfaces and other unmaintained situations. Conditions help ensure infrastructure can handle an increase in traffic volumes. • Any changes to the site features will be evaluated for compliance with City standards at site plan and building permit review, including standards regarding drainage. 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. FINDINGS: • The front of the site is accessed from B Street and the rear is accessed from an alley that enters/exits onto Garden Street and 5t" Avenue. • Most traffic is expected to flow in one direction through the site with vehicles accessing the subject property from B Street, continuing south through the property, and exiting east through the alley towards 5t" Avenue. • Some staff and drop off traffic will utilize the alley to access additional parking spaces in the rear of the building which are connected to the building. • Staff recommends as a condition of approval "Do Not Enter" signage and one way pavement markings to direct traffic through the site. • Conditions will ensure the alleyway is improved to accommodate the increased traffic and can handle the anticipated future traffic volumes prior to occupancy of the site. • No changes are proposed to the existing street or drive on the portion of the property north of the alley, other than adding a pedestrian route through the site and new landscaped buffers. New parking on the portion of the property south of the alley complies with all current standards. 6. Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located. FINDINGS: The subject property meets most standards of the RS-5 zone. Elements that do not meet current standards may continue as legal non -conformities because a change of use is allowed by 14-4E `Nonconforming Situations' of the City Code where no structural alterations are being proposed. Examples of legal non - conformities include 9 parking spaces that back directly into an alley, the width of the parking aisle in front of the building, the building encroachment in the side setback, and the location of parking lot trees, in addition to legal non -conformities related to the multi -family site development standards discussed in the specific approval criteria. Some elements of the site will be brought into compliance with current standards due to proposed conditions, such as new landscaping buffers along property lines. Staff will ensure all new elements and any future changes comply with relevant standards during building permit and site plan review. 7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. FINDINGS: • The Comprehensive Plan Future Land Use Map shows this area as Residential (2-8 dwelling units per acre), and the Central District Plan Future Land Use Map of the Central District Plan shows this area as Private Institutional. • The Comprehensive Plan generally supports providing goods and services within convenient walking distance for residents in the immediate area. • The proposed exception would convert a religious/private group assembly use to a daycare use, both of which are classified as private institutional uses and are consistent with the City's Comprehensive Plan. STAFF RECOMMENDATION: Staff recommends approval of EXC24-0004, with an expiration timeline of 12 months to allow enough time to receive approval of the site plan, alley improvements, and secure a building permit, to allow a daycare use in a Low Density Single -Family Residential (RS-5) zone for the property located at 1839 B Street, subject to the following conditions: 1. Prior to issuance of a certificate of occupancy: a. Improvement of the alley to City standards from the western property line east to 5t" Avenue. b. Development of a pedestrian path with a demarcated crossing over the alley from the building to the play area, subject to review and approval by the City Engineer. 2. Any new pedestrian routes through the site that directly abut parking areas shall be separated by a raised curb or barrier that is a minimum of five inches (5") in height. 3. Provide screening to the S2 standard between parking areas and adjacent properties along the east and west property lines as shown in the site plan. 4. Provide "Do Not Enter" signage and one way pavement markings to direct traffic through the site. ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Good Neighbor Meeting Summary 4. Application Materials Approved by: Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services November 13, 2024 Board of Adjustment Meeting EXC24-0004 ATTACHMENT 1 Location Map Prepared by Staff N W E S 0 0.01 0.01 0.02 Miles I i I i I 4, aAY , EXC24-0004 1839 B Street s � � � ♦♦1♦ -cif► . f _ �. •Iw Prepared By: Sanzida Rahman Setu Date Prepared: October 2024 ,s 0 71 November 13, 2024 Board of Adjustment Meeting EXC24-0004 ATTACHMENT 2 Zoning Map Prepared by Staff N W E .S. 0 0.01 0.01 0.02 Miles I i I i I ■ EXC24-0004 1839 B Street W. Prepared By: Sanzida Rahman Setu Date Prepared: October 2024 of 41 41 of 1% eof of r November 13, 2024 Board of Adjustment Meeting EXC24-0004 ATTACHMENT 3 Good Neighbor Meeting Summary Submitted by the Applicant Summary Report for Good Neighbor Meeting � ������yyyyyy®pppppp _ i1111 CITE OF 10WA CITY Project Name: _Reach For Your Potential Day Care_Project Location: _1839 B Street_ Meeting Date and Time: _Tuesday October 29th at 5:00 PM Meeting Location: 1839 B Street Representatives attending: Ross Nusser and Josh Woolums Names of Applicant _ Names of City Staff Representatives attending: _Parker Walsh and Madison Conley Number of Neighbors Attending: _approx. 8-10_ Sign -In Attached? Yes No _x General Comments received regarding project (attach additional sheets if necessary) - General support for the project was vocalized. Consensus was that a day care use in the neighborhood would be a good use and supportive of the neighborhood as a whole. It was applauded that RFYP is an organization dedicated to ensuring their employees have access to reliable childcare. Deer in the neighborhood are a problem for some residents as the deer are eating the tomatoes and other plants in the neighborhood. Screening requirements were discussed generally. Concerns expressed regarding project (attach additional sheets if necessary) - The concerns were much more of general concern, not so much as it related to the project itself. The number one concern that was voiced amongst most all of the neighbors in attendance was that of traffic and circulation, but not necessarily as it applies to the site/project itself. One resident was concerned about the lack of traffic signage on Garden Street. - Multiple residents expressed concern over students from Neighboring City High traveling at higher rates of speed. - There was a concern about upgrading the alley in its entirety as it might prove to be a perfect speedway through the neighborhood, the preference amongst the group was to, if needed, upgrade the alley from 1839 B St. to 5th Ave. as opposed to continuing it to Garden St.. The second greatest concern pertained to zoning. Specifically, the neighborhood was concerned that any legislative action taken now might affect the future zoning of the property. The concern was: Could the Special Exception allow for the future development of the property into a larger building (like an apartment complex). These concerns were addressed and satisfied by explaining the underlying base zone of the property, the allowed uses by right, the allowed uses by Special Exception as well as the difference in a Rezoning hearing ruled by P&Z and City Council versus a Special Exception as heard by the Board of Adjustment. Questions of child count were also asked during this meeting. RFYP stated that the application is asking for permission for 100 children to be able to attend this daycare, but then went on to further explain by stating that approximately 40 children are thought to be served during the first year, perhaps 80 the second year, with a maximum of 100 children at some later point in the future if the daycare should evolve that way. Will there be any changes made to the proposal based on this input? If so, describe: Yes - we made it clear to the neighbors that we intend to seek approval of the Special Exception without committing to make improvements to the alley in the rear of the property. We also voiced that we are currently working with Public Works to navigate potential future improvements to the alley and a potential cost sharing agreement. The feedback from the neighbors was supportive, again, with the caveat that the alleyway not be improved in its entirety. We are resubmitting a Site Plan showing no planned improvements to the alley. Staff Representative Comments November 13, 2024 Board of Adjustment Meeting EXC24-0004 ATTACHMENT 4 Special Exception Application Materials Submitted by the Applicant Legal Descriptions 1839 B Street Commencing at a point on the northerly line of Friendship street 446.0 feet southeasterly from the southwest corner of Lot 9 in Block 39, East Iowa City, Johnson County, Iowa, according to the recorded plat thereof, thence northeasterly parallel with the east line of Garden Street 136 feet to the point of beginning; Thence continuing northeasterly parallel with the east line of Garden Street 77.4 feet to the southerly line of the public alley, thence northwesterly along the southerly line of the public alley 121.3 feet, thence southwesterly parallel with the est line of Garden Street 94.8 feet, thence southeasterly to the point of beginning, subject to easements of record. 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Daycare Uses: a. Required Interior Activity Areas: Child daycare centers must contain at least thirty five (35) square feet of usable interior floor space per child. Adult rda yGaFe Gonto IRos; A.Mb ilateF„ a4 Reception areas, kitchens, storage areas, offices, bathrooms, hallways, treatment rooms, and specialized areas used for therapy are excluded when calculating the required floor area. The dining area may only be included in the square footage calculation if used by daycare participants for activities other than meals. When collocated in a facility that houses other uses or services, the proposed daycare use must have its own separate identifiable space for program activities during operational hours. Per the site plan, the proposed Daycare Facility will follow 14-213-6 Multi -family Site Development Standards except where elements are existing -non -conforming with a proposed 100 Children and 14 Staff. The building provides the minimum of 35 SF floor space per child. The subject property has approximately 7,785 sqft of usable interior floor space which could accommodate up to 222 children The applicant proposes using the subject property for a daycare use with 100 children and 14 staff which is well below the maximum allowed based on the usable interior floor space. b. Required Outdoor Areas: Child daycare uses must provide a fenced outdoor play area of not less than one hundred (100) square feet per child based on the maximum number of children that will be using the outdoor play area at any given time. The outdoor play area must meet the following standards: The outdoor play area will be at least 100 square feet per child for the number of children that will be using the outdoor play area at one time. Currently the site contains approximately 3,795 sqft of play space which can accommodate 37 children at one time. The site does not accommodate all children outdoors at once so scheduled outdoor times will stagger/alternate among age groups and based on enrollment. The subject property is with easy walking distance of Chadek Green Park (1) Playground equipment is not permitted within the front and side setbacks Playground equipment will be within the site setbacks. (2) Outdoor play areas must be well drained, free from hazards, and readily accessible to the daycare center. In residential zones, outdoor play areas must be completely enclosed by a fence at least four feet (4') in height. In commercial and industrial zones, the outdoor play area must be completely enclosed by a fence built to the S4 standard and be screened along the perimeter of the fence to the S3 standard. (See chapter 5, article F, "Screening And Buffering Standards", of this title.) The city may waive the screening requirement if it is determined that land uses surrounding the daycare use will not pose a nuisance or safety hazard to the children such that a screening buffer is necessary The outdoor play area will be fenced in according to the applicable standard c. Vehicular Circulation: The use must provide a drop off/pick up area in a location that is convenient to or has good pedestrian access to the entrance to the facility. This drop off/pick up area must contain sufficient stacking spaces and/or parking spaces to ensure that traffic does not stack into adjacent streets or other public rights of way. (See minimum parking requirements for daycare in section 14-5A-4, table 5A-2 of this title.) To promote safe vehicular circulation, one-way drives are encouraged. Per the drawing, 7 stacking spaces are provided which exceeds the required 1 stacking space per 20 students. d. Pedestrian Circulation: A sidewalk must be constructed connecting the main entrance of the center to the adjacent public right of way. Pedestrian access must be clearly separated or distinguished from vehicular circulation areas to minimize the extent to which users of the facility are required to walk across drives or aisles to gain access to the daycare center. The main entrance is directly connected to the public right of way on B Street via a separated sidewalk. e. Site Development Standards: If the proposed use is located in a residential zone or in the central planning district, it must comply with the multi -family site development standards as set forth in section 14-213-6 of this title. Daycare facilities that are accessory uses are exempt from this provision. Per the site plan, existing non -conforming elements exist and will not materially change in dimension. Any new elements will conform to the multi -family site development standards. General Approval Criteria 1839 B Street Special Exception 14-413-3-A (1-7) 14-4113-3: SPECIAL EXCEPTIONS: The Board of Adjustment is empowered to grant special exceptions to the provisions of this title in certain circumstances specifically enumerated within this title. To ensure that the spirit of this title is observed and substantial justice done, no special exception shall be granted by the Board unless the applicant demonstrates that all of the following general approval criteria are met in addition to any specific approval criteria for the proposed exception listed in section 14-413-4 of this article or elsewhere in this title. The procedures for obtaining a special exception are set forth in chapter 8, article C, "Board Of Adjustment Approval Procedures", of this title. A. Approval Criteria: In order to grant a special exception, the Board must find that the applicant meets the specific approval criteria set forth in this title with respect to the specific proposed exception. The Board must also find that the applicant meets the following general approval criteria or that the following criteria do not apply: 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The specific proposed exception will not be detrimental to nor endanger the public health, safety, comfort or general welfare. It will aim to enhance all of the aforementioned as it will provide a new amenity to the neighborhood and surrounding area, which will be of benefit to public safety, comfort and general welfare. 2. The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. The proposed exception will make it easier to live in this neighborhood and the surrounding properties as it will provide additional childcare and educational services. It will not diminish nor impair property values and could potentially enhance them. 3. Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located. The surrounding property is 100% developed and will not impede the normal and orderly development and improvement of the surrounding property. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. This is an existing building with all utilities already located on site. 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. Ingress is being provided via B Street and will be "one-way" traffic. Egress is being provided via the alleyway to the rear of the property, exiting on 5th Avenue. 6. Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located. Correct 7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. Correct B. Burden Of Proof: The applicant bears the burden of proof and must support each of the approval criteria by a preponderance of the evidence. Acknowledged. C. Precedents: The granting of a special exception is not grounds for granting other special exceptions for the same or differing properties. (Ord. 05-4186, 12-15-2005) Acknowledged. I IC /p 0�p DO NOT ENTER / EXIT 9 ti�A (LEFT) SIGNAGE PROPOSEDLANDSCAPE TO THE S2 STANDARD PROPOSED PAVEMENT <r MARKING (TYP.) PROPOSEDLANDSCAPE PROPOSED CURB & GUTTER TO THE S1 STANDARD APPROXIMATE 4' TALL CONCRETE PROPERTY LINE BOLLARD (TYP.) 5' LgNDSCgPE BUFFER --po5ro cl GLy �'S'i 9s�2 s �s /////A* PROPOSEDLANDSCAPE TO THE S2 STANDARD / PROPOSED SIDEWALK 4' TALL OPAQUE FENCE T/ APPROXIMATE PLAYGROUND EXTENTS (20'X20') 4' TALL OPAQUE FENCE PROJECT NAME RFYP CHILDCARE McCLURE TM 2229 E Grantview Lane, Suite 2 Coralville, Iowa 52241 P 319-626-9090 PROPOSED LANDSCAPING TO THE S2 STANDARD PROPOSED SIDEWALK W/ RAISED CURB i DIRECTIONAL ARROW PAVEMENT MARKING I 7 LOADING SPACES 23.3, F I 20, RE,gR SETBACK EXISITNG STOOP TO REMAIN �7 �po�� s2 w U) ow EXISTING SIDEWALK AND 00 PAVEMENT TO REMAIN 10 ONE WAY SIGNAGE _ \ DIRECTIONAL ARROW PAVEMENT MARKING i co 19' (TYP.) 17 9' (TYP.) :••F-` I 2 ADA ACCESSIBLE 3 STANDARD PARKING STALLS PARKING STALLS 10, 5' 2G) cfl �G o 18' (TYP.) ��0� EXISTING EXISTING SIDEWALK AND LANDSCAPING EXISTING STOOP AND I DRIVEWAY APPROACH TO REMAIN I TO REMAIN STEPS TO REMAIN PARKING w I I PROPOSED SIDEWALK W/ RAISED CURB BICYCLENEW PCC POAD I W J W Q U) 1000, I z (D C) m 0 I PROPOSED PAVEMENT MARKINGS BASED ON I EXISTING NON -CONFORMING SPACES (TYP.) I PROPOSED STREET TREES 27.8' PROPOSED FIRE PROTECTION SERVICE Y TO EXTEND FROM PUBLIC MAIN U EXISTING PAVEMENT TO REMAIN Q m u I w U) w I _o 10 10 EXISTING TRANSFORMER TO REMAIN10 20F / ROMT SETBACK PROPOSED LANDSCAPING SITE INFORMATION AND ZONING REQUIREMENTS: TO THE S2 STANDARD APPROXIMATE PROPERTY LINE ADDRESS: 1839 B STREET, IOWA CITY, IOWA 52245 ZONE: RS-5 PROPOSED SIDEWALK i�d� LOT AREA: 26,261 SF p��� APPROXIMATE SETBACK LINE GROSS BUILDING AREA: 10,638 SF W/ RAISED CURB 9p cSj NET USABLE INTERIOR FLOOR SPACE (INCLUDES CIRCULATION): 9,119 SF PROPOSED USE: DAYCARE FACILITY DEVELOPMENT STANDARDS PER ARTICLE 14-213-6 - MULTIFAMILY SITE DEVELOPMENT STANDARDS PROPOSED # OF CHILDREN: 100 PROPOSED # OF STAFF: 14 DIMENSIONAL REQUIREMENTS: MIN. LOT SIZE: 8,000 SF LOT WIDTH: 60 FT FRONTAGE: 45 FT MAX. HEIGHT: 35 FT MIN. WIDTH: 20 FT MIN. OPEN SPACE REQUIREMENTS: N/A PARKING REQUIREMENTS: 1 SPACE PER EMPLOYEE + 1 SPACE PER 10 CHILDREN + 1 STACKING SPACE PER 20 CLIENTS/CHILDREN SERVED BICYCLE PARKING REQUIREMENTS: 10 PERCENT LANDSCAPE REQUIREMENTS: 1.) A BUFFER AREA OF AT LEAST TEN FEET IN WIDTH AND LANDSCAPED TO S1 STANDARD MUST BE PROVIDED BETWEEN PARKING AREA AND ADJACENT PROPERTIES *PROPERTY LINES ARE APPROXIMATE AND BETWEEN ANY PARKING AREA AND STREET RIGHTS OF WAY AND PROVIDED FROM GIS SOURCES 2.) A BUFFER AREA AT LEAST FIVE FEET IN WIDTH AND LANDSCAPED TO THE S1 STANDARD MUST BE PROVIDED BETWEEN ANY PARKING AREA CONTAINING MORE THAN EIGHT PARKING SPACES AND AN ADJACENT AREA PARKING MINIMUM: LOADING (STACKING) SPACES: 7 STALLS STANDARD STALLS: 24 STALLS PARKING PROVIDED: v LOADING (STACKING) SPACES: 7 STALLS STANDARD STALLS: 15 STALLS COMPACT STALLS: 7 STALLS VICINITY MAP ADA ACCESSIBLE STALLS: 2 STALL 10 5 ■ 0 10 SCALE: 1" = 1000' TOTAL (EXCLUDING LOADING SPACES): 24 STALLS November 13, 2024 Board of Adjustment Meeting PRELIMINARY MEETING MINUTES ITEM 4 ON THE AGENDA August 22, 2024 Prepared by Staff MINUTES PRELIMINARY BOARD OF ADJUSTMENT FORMAL MEETING EMMA HARVAT HALL AUGUST 22, 2024 — 5:15 PM MEMBERS PRESENT: Larry Baker, Bryce Parker (via zoom), Mark Russo, Paula Swygard MEMBERS ABSENT: Nancy Carlson STAFF PRESENT: Sue Dulek, Anne Russett, Parker Walsh OTHERS PRESENT: Alex Carrillo, Brock Heller, Marcia Hammond, Mike O'Donnell CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: A brief opening statement was read by Baker outlining the role and purpose of the Board and the procedures that would be followed in the meeting. SPECIAL EXCEPTION ITEM EXC24-0003: An application submitted by Harvest Preserve Foundation, Inc. requesting a special exception to allow a religious/private group assembly use in an Interim Development Single Family Residential (ID-RS) zone at 1645 N Scott Boulevard. Baker opened the public hearing. Russo stated he had consulted with the City attorney about a possible conflict of interest involving himself and a principal of this project. It turns out that it's not considered a legal conflict however, it falls upon his judgment as to whether or not he thinks he can be fair and impartial in in assessing the outcome of this hearing, and he believes he can. He acknowledged he is a supplier of materials to a project for Bedrock Builders in Kalona and that is the extent of his contact with them. Walsh began the staff report showing a location map of the property and although there is approximately 100 acres of land on this property, the project discussed in this application is located up in the northeast corner. Next Walsh shared the zoning map showing residential property to the west and to the south, and the remaining surrounding properties are zoned ID- RS. The Harvest Preserve Foundation, Inc, was established in 2005 as a nonprofit corporation dedicated to maintaining and preserving natural areas, while also increasing public awareness, appreciation, and participation. The Preserve maintains approximately 100 acres of land that has been placed within a private conservation easement to achieve their mission. The primary use of this land being parks and open space. The conservation easement also outlines buildable areas that are suitable for construction of allowed development and the applicant is seeking to construct a meeting space that provides members with the opportunities for education and shelter, with year-round restrooms. This use is classified as private group Board of Adjustment August 22, 2024 Page 2 of 12 assembly. Walsh noted that the Good Neighbor meeting held in May, and correspondence from that, reflects where the applicant initially proposed to construct the building, which is up in the northwest corner of the property, and the current application before the Board has been revised in an effort to try to answer some of those concerns, including the building being moved. Staff has not received additional correspondence since the site revision. Walsh reviewed the floor plans of the building, floor one would be the main assembly area of the building and then there would also be a walkout basement. The Board of Adjustment is charged with approving, approving with conditions, or denying the application based on the facts presented. To approve the special exception, the Board must find that it meets all applicable approval criteria, beginning with the specific standards of religious/ private group assembly in the ID-RS zones. Criteria A is that the following setbacks are required in lieu of the setback specified in the base zone, and those requirements are front and side setback of 20 feet and a rear setback of 50 feet. The proposed project and building location propose a front setback of 181 feet and a side setback of more than 181 feet. The side setback to the west would be 778 feet, and to the south more than 2750 feet. Therefore, the applicant is proposing to meet and exceed all the minimum requirements. Criteria B states the proposed use will be designed to be compatible with adjacent uses. The Board of Adjustment will consider aspects of the proposed use such as site size, type of accessory uses, anticipated traffic, building scale, setbacks, landscaping and location and amount of paved areas. The Board of Adjustment may deny the use or aspects of the use that are deemed out of scale, incompatible or out of character with surrounding residential uses, or may require additional measures to mitigate these differences, such as requiring screening, landscaping, pedestrian facilities, setbacks, location, design of parking facilities and buildings. Walsh explained this use would provide an indoor meeting space and restrooms for its members for the purpose of education, trainings, leisure, shelter, and because it is a private group assembly it is primarily used for its members and that would mean it's restricted access to the general public. This space cannot be rented out for commercial office uses or events for the general public. The proposed design of the building is compatible with adjacent uses. It's 60 feet by 40 feet, or 2400 square feet, and it's one story with a walkout basement. The nearest residential home is a two story, 2242 square feet footprint, and a total floor area of approximately 4400 square feet. Transportation staff has reviewed and determined that the proposed use and associated traffic will not overburden Scott Boulevard, stating that the street currently carries approximately 5100 vehicles per day, and theoretically the capacity would exceed 15,000 vehicles per day. Transportation staff also determined that the use and existing parking spaces will not generate enough traffic to warrant further improvements to Scott Boulevard such as turn lanes or a traffic study. The occupant load of the main auditorium in the building is what is used to determine the off-street parking requirement, that occupancy is 125 people and would require 21 parking spaces. Criteria C states given that large parking lots can seriously erode the single-family residential character of these zones, the Board will carefully review any parking spaces beyond the minimum required. The Board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on -street parking, the estimated parking Board of Adjustment August 22, 2024 Page 3 of 12 demand and opportunities for shared parking with other non-residential uses in the vicinity. Walsh noted the proposed use does require 21 parking spaces, again calculated based on the largest room in the building. The property contains an existing paved area capable of being striped for the required 21 spaces, so no new pavement or parking areas are proposed as part of this application. Bike parking will be required and that's something staff will review further at the site plan review. There's no on -street parking available along North Scott Boulevard, the nearest on -street parking would be along Tamarack Trail, which is 26 feet of pavement width, and that size of street would support parking along one side. Criteria D is the proposed use will not have significant adverse effects on the livability of nearby residential uses due to noise, glare from lights, late night operations, odors or litter. The closest residential property line from the proposed use is located 778 feet to the west and it is separated by existing woodlands. To ensure the use does not produce negative impacts relating to noise or late -night operations, staff recommends a condition that the building housing the private group assembly use be closed from 10pm to 6am and that amplified sound not be allowed outside. Single family and ID-RS zones are in the low illumination district, which is the lowest lighting district within the code, however the ID-RS zone properties are not subject to the same lighting restrictions as single family uses. Due to the proximity to existing single family uses and the specific approval criteria that the use be designed to be compatible with adjacent uses, staff does recommend the condition that any future lighting be subject to the standards of 14-5G-3 standards related to single family and two family uses to ensure compatible lighting designs. Criteria E states the building official may grant approval for the following modifications to private group assembly without approval from the Board of Adjustment: 1. An accessory storage building less than five hundred (500) square feet in size. 2. A building addition of less than five hundred (500) square feet, provided the addition does not increase the occupancy load of the building. Walsh explained this section is not applicable because this is a new application and new development. Criteria F is if the proposed use is located in a residential zone or in the Central Planning District it must comply with the multifamily site development standards. This property is not within a single-family residential zone or within the Central Planning District, so these standards do not apply. Next, Walsh reviewed the general standards applicable to all special exceptions. First is that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The proposed building will generally be of comparable scale to the surrounding residential uses and the applicant proposes an increased setback to maintain separation from existing development. The proposed use is classified as private group assembly so this is a site that's primarily intended for its members and would restrict access from the general public and cannot be rented out for commercial uses or events held by the general public. Regarding transportation, staff has reviewed this site and the traffic generated by the proposed use will not overburden existing streets, and access to surrounding properties will not be affected. This proposed building would also provide an amenity to enhance the visiting experience for its members, programs and camps, while also acting as a safety shelter when necessary. Conditions for noise and lighting have been proposed to ensure the proposed use remains compatible with surrounding development as not to impede on the health, safety, Board of Adjustment August 22, 2024 Page 4 of 12 comfort or welfare of the public Criteria two is the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. Walsh stated the proposed use will not impact the neighbor's ability to utilize and enjoy their property, the building will be located approximately 778 feet from the nearest residential property line and buffered by existing woodlands. The proposed development is within an area that would allow development activity per the existing conservation easement agreement, and the vast majority of the property will remain open space which serves as an amenity and benefit to neighborhood properties which can have a positive impact on property values. The proposed development is also located in an area in the northeastern portion of the subject property that contains other existing structures for Harvest Preserve member use and do not have City imposed limitations. Walsh stated there are conditions, however, recommended that will help mitigate potential negative effects on noise and hours of operation for the surrounding properties for the proposed construction. Criteria three states the establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district which such property is located. The residential neighborhood to the west is nearly fully developed with residential uses and the residential neighborhood to the south is beginning to develop. Land to the north and east of the subject property remains undeveloped and the development of that land will occur as utilities extend and development continues from the west. Again, this property is set back over 778 feet from the existing residential neighborhood, is compatible in scale and the conditions as recommended are intended to mitigate potential effects on surrounding properties. Criteria four states adequate utilities, access, roads, drainage and/or necessary facilities have been or are provided. Walsh noted the subject property has access to City utilities and will extend utilities to the property to serve the new building. An eight -foot -wide sidewalk does exist along the property's North Scott Boulevard frontage and pedestrian access for visitors of Harvest Preserve is also available through onsite trails. A large portion of the subject property is also green space, which does allow for the absorption of any stormwater runoff. Criteria five is that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. Direct access to the new development will be off North Scott Boulevard through the existing curb cut and driveway. Transportation staff determined that the existing drive was acceptable and the use, as well as the existing parking, would not overburden the streets or require improvements. Criteria six states except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations of the zone. Walsh stated the proposed use and development does meet all the code standards for the ID-RS zone. Finally, criteria seven, the proposed exception will be consistent with the Comprehensive Plan. The Comprehensive Plan and Future Land Use map shows this area as Conservation Design and the Northeast District Plan identifies this property as the Bluffwood neighborhood. The Comprehensive Plan notes that Conservation Design is appropriate in areas containing sensitive features and is meant to balance the protection of sensitive natural features with the Board of Adjustment August 22, 2024 Page 5 of 12 development rights of the property owners. By clustering development on more buildable portions of the property, natural areas can be preserved. The proposed use and building would be located in the northeast corner of the property, away from those sensitive areas and in a designated buildable area per the conservation easement. The Northeast District Plan also has the goal to use conservation design principles to locate streets, utilities and structures in a way that minimizes disturbance of natural features. And although the street network is already in place, in recent years City utilities have been extended to a location that is more able to limit disturbance to natural features while providing the property with the proper utilities. The Northeast District Plan goes on to note the goal to treat environmentally sensitive areas as amenities and the Harvest Preserve Foundation has placed over 100 acres in a private conservation easement for the long-term protection of natural features with the intent of raising public awareness, appreciation, and participation. The proposed use and structure would provide an indoor space intended to further support and enhance the amenities of those who visit. Walsh stated staff received 23 pieces of correspondence in opposition of the proposed development as presented at the Good Neighbor meeting on May 29, 2024. Since the Good Neighbor meeting the applicant revised the site plan in response to neighbor concerns. Staff recommends approval of EXC24-0003 to allow a Religious/Private Group Assembly use in an Interim Development Single Family Residential Zone for the property located at 1645 N. Scott Blvd, subject to the following conditions: 1. General compliance with the site plan dated 8/15/2024 in terms of the location of the building, parking, and the size and scale of the proposed building. 2. The building must be closed between the hours of 10:00 p.m. and 6:00 a.m. 3. No amplified sound shall be allowed outdoors. 4. Future lighting be subject to the standards of 14-5G-3: Standards for Single Family and Two Family Uses to ensure compatible lighting designs. Russo noted under general standards 14-413-3 Walsh mentioned camps, are those an allowed activity. Walsh replied his understanding from the applicant is those are private members or groups that are Harvest Members that have day camps there. Alex Carrillo (Bedrock Builders) stated he was approached by Julie Decker and Doug Paul with Harvest Preserve with the idea of creating a building to support the programming for Harvest Preserve to have an indoor space and have functioning restrooms that members of Harvest Preserve could use. Initially they looked at doing a building at the current spot, but it became too cost prohibitive at the time to do the building in that location. It was then decided to move it closer to where utilities have to come from, which is Tamarack Trail, so it was revised to that location. Carrillo noted that's also where they have some of their current programming with their tap roots, and some of the day camps happen right there where a chip and seal drive comes down. They then had a good neighbor meeting and there was lots of opposition, and it was pretty clear that was not the best location, despite the cost. Additionally, that area would have had to have more parking and more paving. Fortunately Harvest Preserve was workable and okay with moving to this current location. Russo stated it seems that there are just several possible areas of conflict, one is parking because in the letters one of the major concerns was spillover parking that would be on Board of Adjustment August 22, 2024 Page 6 of 12 Tamarack Trail. Carrillo stated the reality is it's not a concern, the general intent of the building is for the current programming, for day camps, for members to rent, or if they want to reserve the space to do some club or activity (a class or seminar or something) that is onsite in Harvest Preserve. It's probably unlikely in its current spot that people would park on Tamarack Trail and walk a good distance to Harvest Preserve to get in. He can't say people won't park there but thinks there are very few scenarios where that would likely happen. Carrillo noted one restriction on Tamarack Trail is they allow parking on one side of the street only, so it's not going to congest both sides of the street if people follow the rule. Brock Heller (MMS Consultants) addressed some of the questions in terms of parking overflow. The intended use for the parking area is 1/6 of the total occupant load which is based on the fire code with the allowable occupancy. The occupancy only allows for 125 people to be in this use at one time, and it's unlikely that would happen, but it could happen and there's also a through connection past the existing building where there's an additional curb cut. He could foresee maybe if kids did have a camp there at pickup time that might be a heavily parked situation for a short period of time with queuing and stacking along that just to avoid over parking in the limited existing parking lot. Baker asked about the gates at all the entrances and if those are locked or closed 24 hours a day and only accessible by a code. Heller stated they are code accessible but there are certain times that they'll have them open when they're expecting multiple guests to be arriving, but they are intended to be closed at all times so the public cannot come and go. Marcia Hammond (1344 Tamarack Trail) noted she had a lot of conflict with the initial project and when they had the good neighbor meeting, they did a lot of petitioning with the neighbors to get their feelings and send emails to staff. The questions she still has for this project are how many special exceptions are allowed on this property. Russett replied all that's being requested at this point is a special exception for this particular use. Hammond asked how many special exceptions could be allowed, potentially. Russett stated the site's limited based on the conservation easement and the only buildable area is the areas that staff showed. This is an ID-RS zone and so only uses that are allowed in that zone would be allowed on this property. Hammond stated their homes are adjacent to that land, right next to the fence line, and when they built these properties they were told nothing is going to be built back there for 100 years. She stated they didn't have that in writing and neither did the builders. The concern is what it leads to is this ambiguity, is it a building that will house campers and what's the religious or spiritual component of that, how many people will there be, is it on a Sunday or is it on a Wednesday. Hammond stated she is not against religion but to congregate at that level it will then impact Tamarack Trail parking. They have a very narrow road as it is and very narrow lots so if they are to have company come over for Sunday brunch and they couldn't park in the driveway they would need to park on the road across the street. If overflow from Harvest Preserve is parking there as well, where are their guests supposed to park. It is a deep concern because in Minneapolis, where she is from, she experienced some of this very same issue and it makes one feel like they really can't live within their own space because they don't know when there's going to be an overflow. Another concern with the building and parking there is if there are 21 car spaces and it's in the middle of winter with no leaves on foliage, how are those beams of light to come across. They won't know until the thing is built, but it's too late, it's already built. She would really like them to reconsider this, the amount the parking, the amount of cars, and the what it's used for. Taking this land out of residential and putting it into this type Board of Adjustment August 22, 2024 Page 7 of 12 of zoning they've taken away their rights to really ask what goes on. Additional special exceptions can happen and will impact their property values, and it would not increase the value, it would be an issue. Swygard would like a clarification of the requested action, the Code lumps this request under the title allow a religious/private group assembly and what does that mean. Walsh stated the Code uses religious/private group assembly to classify private groups and that could be a religious focus, like a church, or could be a club focus, like an Elks Lodge, it's just private groups that assemble in the space. Baker asked if a church group could assemble in this space, Walsh replied it could if they were members. Russett noted from a land use perspective, they can't treat religious institutions any differently from other membership groups that gather together in a space, from a land use and zoning perspective needed to be treated the same way. If the Board remembers a few months ago the Porch Light Group, a religious private group assembly of membership organization that are focused on literature and writing, are located in a single family neighborhood. Again, from a zoning perspective, they need to treat a church the same way as a membership organization like Harvest Preserve. Russo stated essentially this property is the same as the individual properties along Tamarack Trail correct, it is the same zoning. Walsh replied it is two different zones, Harvest Preserve is Interim Development Single Family Residential and have different development uses allowed. Prior to its development Tamarack Trail was zoned the same and then when it was developed, rezoned and subdivided to the residential zone that it is now. Russo asked though it is the intention to hold this project to the same lighting standards as Tamarack Trail is held. Walsh confirmed that was correct. Russo asked about gathering along Tamarack Trial, is it an HOA, are there limitations to how many can be at a party because if someone has 60 people at a party, where would they park. Russett noted from a zoning perspective this use, religious/private group assembly, is also an allowed use in the single-family residential zones. Baker stated then a large private gathering along Tamarack would be subject to the same parking limitations, not legally but logistically. If people from the Preserve overflow and use a public parking space on Tamarack it's perfectly legal. Carrillo wanted to clarify the location and the visibility, Carrillo lives on Tamarack and makes that walk a lot and can't see any of the current buildings anywhere on Tamarack, and this new building would be at a lower elevation. The proposed building would be down the hill to where the pond is as they are proposing to build it into the side of that slope to make it a walkout. Therefore, he would anticipate there'd be no visibility and he's never seen a car light or any of the activity going on at Harvest Preserve from Tamarack and would anticipate that would continue to be the case. Russo stated he can understand the sort of disappointment or dismay that some homeowners felt that they were led to believe there wouldn't be any development but that's not really an issue that this Board can address. Dulek confirmed that was correct and the land wasn't put into an Board of Adjustment August 22, 2024 Page 8 of 12 easement until 2022 so presumably the development could have been a lot of different things. Hammond stated there's a history to this and if they have this preserve and get a tax break because they're a nonprofit and then their overflow comes out to the public parking on Tamarack Trail and the private property owners have no public parking on Tamarack Trail because the overflow, what's their options, can they use the Preserve parking lot, because they used ours. Swygard noted she lives in an area in Iowa City where she's impacted by home football games People park on the public street in front of her house, in that space, and when she has visitors that may be coming to her house the parking is impacted, but it is public parking, and she doesn't have any control over that. Hammond stated this isn't a football stadium and the University of Iowa is completely different than Harvest Preserve. Swygard begs to differ. Baker stated they are talking about public parking, it's not private parking, it is public parking, clearly marked, anybody can use it and if they overflow into places they're not supposed to park you can call a cop, but you have no control over who uses that public parking. Hammond understands what they are saying but they don't know who's going to use this gathering space, other than the members and their 5000 family members, or whatever it is and that certainty leaves that bad taste in her mouth. She will speak for her neighborhood, for the people that have written their emails and signed the petitions that the transparency was lacking and the trust is minimal so they will just have to go on good faith that it will work out. Brock Heller (MMS Consultants) wanted to address some of the potential concerns with a lack of transparency, that could possibly be from the initial building permit application that was filed, not with the special exception use. The building permit was for staff review and through the process of that application staff reviewed it and based on what was being proposed they said they think this falls outside of the standard building permit application and a special exception would be needed. So some members of the neighborhood think that they were trying to slide this under their nose without having a meeting but prior to the special exception going into place but it was just a simple building permit application. Then with the special exception process they held a neighborhood meeting, got input and changed the location of the building per that input. It was also required by City engineering to extend the public utilities to serve water and sewer to this building and because of that requirement, because Tamarack Trail was extended from the dead end street and connected all the way through to Scott Boulevard, part of the public streets and infrastructure was put in place so that it made it accessible to attach to City services even though there's not anything in the right-of-way in front of this property, it ends right at the Tamarack Trail line but because it's close enough to that City engineering required that they extend approximately 900 to 1000 lineal feet of public water main in order to provide a water and sanitary service to the building. Russo asked in terms of screening involved in this, are there any special plantings or any sort of visual mitigation necessary. Heller stated with this location they don't believe any additional screening is needed due to the existing landscaping and topography on the site. Mike O'Donnell (1320 Tamarack Trail) asked if there are any future plans to build on this plat behind the north end of the Tamarack on the east side. If there is, will they have to go through Board of Adjustment August 22, 2024 Page 9 of 12 this whole process every time they want to put another building in, right in their backyards on the other side of the fence. Walsh replied as far as staff knows there's no future plans but there are other uses allowed in this zone that would not go through a special exception process and could move forward with a standard site plan application for administrative review. Examples of those uses would be detached single family, animal related commercial (things like a vet, animal grooming, animal daycare, kennels and stables), parks and open space. Other uses would be golf course, plazas, gardens, nature preserves, clubhouse and rec facilities, and then agriculture would be things like farming, plant nurseries, livestock operations, dairy farms, horse farms, and some communication uses that would be allowed could be broadcast towers and cell towers. O'Donnell noted there is a conservation easement in place. Walsh confirmed the property's private conservation easement would limit them further for what uses would be allowed. O'Donnell noted that leaves that whole property pretty much wide open for whatever the hell they want to do. Walsh again stated they're limited by their conservation easement and the uses allowed in the zone, but within their buildable areas they could build some of these uses that are allowed. O'Donnell noted then they could have farm animals on the other side of the fence in their backyard. Russett suggested it would be best to reach out to the neighbors and talk to Harvest Preserve about their intentions for development, staff doesn't know what their vision is. Based on their website they want this to be parks, open space, conservation that is their goal. Russett noted any proposed development in the City, there's always neighborhood opposition to it. Baker stated the City is applying as much oversight as it's legally allowed to do on this issue and future possible development is subject to the conservation easements. Walsh stated the applicant can speak more clearly on what those restrictions are as private conservation easement restrictions are not enforced by the City. Baker closed the public hearing Russo moved to approve EXC24-0003 to allow a Religious/Private Group Assembly use in an Interim Development Single Family Residential Zone for the property located at 1645 N. Scott Blvd, subject to the following conditions: 1. General compliance with the site plan dated 8/15/2024 in terms of the location of the building, parking, and the size and scale of the proposed building. 2. The building must be closed between the hours of 10:00 p.m. and 6:00 a.m. 3. No amplified sound shall be allowed outdoors. 4. Future lighting be subject to the standards of 14-5G-3: Standards for Single Family and Two Family Uses to ensure compatible lighting designs. Swygard seconded the motion. Swygard certainly understands the concerns of the neighbors, in her time on Planning and Zoning Commission and on this Board, she learned one thing and that is that unless you actually own the property you don't have control over what may possibly happen to it. People can promise all kinds of things but unless it's in writing, boards, especially boards like this, don't Board of Adjustment August 22, 2024 Page 10 of 12 have any jurisdiction over that. She thinks that moving the building to the other part of the area goes a long way in appeasing the concerns of the neighborhood, which are very valid. The wooded area and the topography will help mitigate the concerns, and no amplified sound outside will also help things. She is a little confused still on how lighting a parking lot blends into a single-family use, but they would have to meet the standards as far as lumens and shielding and all of those kinds of things and it's far enough away at close to 780 feet, so that it wouldn't be impactful. Russo would agree and also state that they are in pretty good hands here in terms of the project managers having shown a willingness to discuss and try to meet neighbor's requests and concerns. He feels that will be ongoing and can't imagine anybody wants a conflict over this. They will be left with essentially a wildlife area with 100-year easement behind the houses everybody's values will be continually valued. Parker concurs with that assessment. Installing 1000 linear feet of sewer and water is not cheap to put in, so they're trying to be as neighborly as possible, and the site elevations worked in the favor of the neighbors. Swygard stated regarding agenda item EXC24-0003 she does concur with the findings set forth in the staff report of meeting date, August 22, 2024, and concludes that the general and specific criteria are satisfied, so unless amended or opposed by another Board member she recommends that the Board adopt the findings and conditions in the staff report for the approval of this exception. Russo seconded the findings. A vote was taken and the motion passed 4-0. Baker stated the motion declared approved, any person who wishes to appeal this decision to a court of record may do so within 30 days after this decision is filed with the City Clerk's Office. DISCUSSION OF BYLAWS: Dulek stated it was brought up to have a discussion about whether the Board should be able to nominate and elect a person who is not present at that meeting and there's a couple of options through Robert's Rules of Order. One option would be that a member who's not present cannot be nominated at all. Or someone could nominate somebody, and that person could then promptly notify staff, who is the Secretary, that they decline, and then another election would occur at the next meeting. A third option would be nominations via a slate of candidates brought forth by a nominating committee, but that option is found more with larger boards where they have a nominating committee, but with only five folks that doesn't seem to be very good approach. Swygard asked if staff has a preference or any thoughts because the second option would require staff involvement. Walsh replied there are no concerns from staff and no preference from staff. Swygard shared the concern about the second option is it's a little bit vague as far as the word promptly. She thinks there are different circumstances that a nominated elected member might be personally experiencing that would maybe still make the second option less desirable and Board of Adjustment August 22, 2024 Page 11 of 12 would lean towards the first option. The first option is a member who is not present, may not be nominated. Russo stated there just might be a whole bunch of no shows that day. Baker stated his preference is to let Robert's Rules of Order stand and if the person does not want it, to decline it, and the Board will do it over again. That seems like a perfectly viable solution to the problem. Parker noted they would need to define timeline, as in, before the next meeting or something. Baker stated if the person declines, the next meeting would include a new election. City staff will be assigned to notify the person promptly of the nomination, and the person should either accept or decline the nomination, and if the person declines the agenda for the next meeting would include a new election. Swygard moved to modify Article Three Section Two of the bylaws to include nomination with election in term of office with the wording, the Secretary must promptly notify a member elected to an office if the member was not present at the meeting. The member must notify the secretary whether the nomination is accepted or declined, and if declined, election for that office will be placed on the agenda for the next meeting. Parker second the motion. A vote was taken and the motion passed 4-0. CONSIDER APRIL 10, 2024 MINUTES: Russo moved to approve the minutes of April 10, 2024. Swygard seconded. A vote was taken and the motion carried 4-0. BOARD OF ADJUSTMENT INFORMATION: Baker asked about the chair being able to make a motion or second a motion. Dulek noted it was changed four or five years ago by a previous Board making it possible for the chair to make a motion. Baker wanted to go on record to say he will not be making any motions, that's just his personal feeling on what the role of the chair ought to be. Baker raised the question regarding part of the findings of fact or the staff review, there's discussion of how the application will affect property values and it states "will not substantially diminish or impair property values" so is this language by law recognizing that property values might indeed be impacted negatively, but still be acceptable. Dulek stated she can issue a memo to the Board for that but there can't be any discussion on that tonight because it's not on the agenda. ADJOURNMENT: Swygard moved to adjourn this meeting, Parker seconded, a vote was taken and all approved. Board of Adjustment August 22, 2024 Page 12 of 12 BOARD OF ADJUSTMENT ATTENDANCE RECORD 2023-2024 NAME TERM EXP. 318 4112 4119 5110 6114 7112 1118 12113 3113 4110 8122 BAKER, LARRY 12/31/2027 X X O/E X X X X X X X X PARKER, BRYCE 12/31/2024 X X O/E X X X X X X X X SWYGARD, PAULA 12/31/2028 X X X X X X X X O/E X X CARLSON, NANCY 12/31/2025 X X X X X X O/E X X X O/E RUSSO, MARK 12/31/2026 X X X O/E O/E X O/E X X X X Key: X = Present O = Absent O/E = Absent/Excused -- -- = Not a Member November 13, 2024 Board of Adjustment Meeting PRELIMINARY MEETING MINUTES ITEM 4 ON THE AGENDA October 10, 2024 Prepared by Staff MINUTES PRELIMINARY BOARD OF ADJUSTMENT FORMAL MEETING HELLING CONFERENCE ROOM OCTOBER 10, 2024 — 5:15 PM MEMBERS PRESENT: Larry Baker, Nancy Carlson, Mark Russo, Paula Swygard MEMBERS ABSENT: Bryce Parker STAFF PRESENT: Sue Dulek, Parker Walsh OTHERS PRESENT: Thomas Heineman CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: A brief opening statement was read by Baker outlining the role and purpose of the Board and the procedures that would be followed in the meeting. SPECIAL EXCEPTION ITEM EXC24-0001: A request submitted by Adelaide Subtil and Thomas Heineman to extend the six (6) month expiration time limitation for an application to reduce the minimum on -site parking requirements in a Central Business Service Zone (CB-2) to accommodate the reuse of the vacant building at 215 N Linn Street. Walsh noted this application was originally approved in March of 2024 to allow a parking reduction from 14 spaces down to zero to accommodate a vacant building to be reused for ground floor retail and an upper floor eating establishment and since that time there have been some structural complexities and concerns that have delayed the project. The applicant has worked with their architect and structural engineers to work through some of these concerns so the City did not receive a building permit until earlier October 2024. However, that permit cannot be issued until the City has either received an extension on the application or a new application is submitted and approved by the Board. Walsh stated the Board's duty for an extension request is because an application expires after six months if the applicant has not taken action to establish use or obtain a building permit which they have not yet and they at this point cannot unless granted this extension. Upon written request and for good cause shown the Board may extend the expiration date of any order without further public hearing on the merits of the original appeal or application and that is what they are here to discuss tonight. Carlson asked if they grant an extension how long will the extension be for. Walsh explained it is up to the Board to decide and the extension will last as long as the Board determines and within that time frame the applicant will need to get their building permit issued or they will have to come back before this Board again, however the building permit that is in review right now so that would likely not be of any concern. Board of Adjustment October 10, 2024 Page 2 of 3 Russo stated the only thing the applicant has to do is have a building permit, they don't need to complete the project in the extension time. Walsh confirmed with the Board granting an extension it is just for the filing of a building permit and the extension doesn't have to last through the length of the project. He noted the permit would probably be issued in the next week or two. Baker opened the public hearing Thomas Heineman stated they are still full steam ahead on this project, but it has taken longer than expected due to some of the nuances of working with an 1870's building and trying to bring it up to code. The issues mainly pertain to the back wall which is on the alley and has some previously unforeseen structural issues. They have to replace the entire back exterior wall, and they have been working with their structural engineering company as well as with OPN Architects and have a plan to move forward and the City is on board with that as well. Additionally, they also have to work on supporting the floor the second floor for the change in use and have work through that as well and from with whom they have spoken with at the City on the building permit side are happy with the solutions, their architects and structural engineers are happy as well. The building permit is in submission pending this review and they are hoping to start soon. The scope of the project approved previously has not changed, they still have exactly the same intent, it's just unfortunate it has taken six months to arrive at the point of everyone is happy with, from a budgetary standpoint and a complexity standpoint, so hopefully there aren't any more big surprises. Baker closed the public hearing Carlson moved to approve EXC24-0001, a request submitted by Adelaide Subtil and Thomas Heineman to extend the six (6) month expiration time limitation for an application to reduce the minimum on -site parking requirements in a Central Business Service Zone (CB-2) to accommodate the reuse of the vacant building at 215 N Linn Street. Russo seconded the motion. Carlson stated she doesn't think they will need an additional six and is happy to see this project moving forward. A vote was taken and the motion passed 4-0. BOARD OF ADJUSTMENT INFORMATION: Walsh noted the deadline for November meeting is tomorrow and there are no expectations for an application to come in so they likely won't be meeting in November. Additionally, Dulek noted Council did approve the bylaw amendment if anybody wants a hard copy staff can provide that to them. ADJOURNMENT: Russo moved to adjourn this meeting, Swygard seconded, a vote was taken and all approved. Board of Adjustment October 10, 2024 Page 3 of 3 BOARD OF ADJUSTMENT ATTENDANCE RECORD 2023-2024 NAME TERM EXP. 318 4112 4119 5110 6114 7112 1118 12113 3113 4110 8122 10110 BAKER, LARRY 12/31/2027 X X O/E X X X X X X X X X PARKER, BRYCE 12/31/2024 X X O/E X X X X X X X X O/E SWYGARD, PAULA 12/31/2028 X X X X X X X X O/E X X X CARLSON, NANCY 12/31/2025 X X X X X X O/E X X X O/E X RUSSO, MARK 12/31/2026 X X X O/E O/E X O/E X X X X X Key: X = Present O = Absent O/E = Absent/Excused -- -- = Not a Member November 13, 2024 Board of Adjustment Meeting ITEM 5 ON THE AGENDA Amended Bylaws Submitted by Staff Prepared by: Susan Dulek, First Ass't City Attorney, 410 E. Washington St., Iowa City, fA 52240 (319)356-5030 Resolution No. 24-254 Resolution adopting the procedural rules of the Board of Adjustment and rescinding Resolution No. 24-38. Whereas, the Board of Adjustment approved amending its procedural rules (i.e., bylaws) to set forth the nomination and election process of a member who is not present at the meeting; and Whereas, the procedural rules provide that they are not effective until approved by the City Council; and Whereas, the Council Rules Committee has reviewed the proposed amendment to the procedural rules and has recommended adoption; and Whereas, the current procedural rules were approved in Resolution No. 24-38. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The attached Procedural Rules of the Board of Adjustment are approved and adopted by the City Council. 2. Resolution No. 24-38 is rescinded. Passed and approved this 15 th day of Oc ober, 2024. or Attest: — t_C � City J Clerk Approved By: 4——-. City Attorney' ice (Sue Dulek -- 10/08/2024) It was moved by Dunn and seconded by adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus x Dunn x Harmsen x Moe x Salih x Teague Moe the Resolution be PROCEDURAL RULES Iowa City Board of Adjustment ARTICLE I. AUTHORITY: The Iowa City Board of Adjustment shall have that authority which is conferred by Chapter 414 of the Code of Iowa; City Code Title 14, Chapter 7, entitled "Administration," Article A, entitled "Board of Adjustment," and through the adoption of these procedural rules stated herein. ARTICLE II. MEMBERSHIP: Section 1: Qualifications. The Board of Adjustment shall consist of five (5) members appointed by the City Council. All members of the Board shall be residents of Iowa City, Iowa. A majority of the members of the Board shall be persons representing the public at large and shall not be involved in the business of purchasing or selling real estate. Section 2: Compensation. Members shall serve without compensation but may be reimbursed for expenses incurred for travel outside the city on designated Board business. Such expenses must be submitted to the City Manager. Section 3: Orientation for New Members. Prior to the first regular meeting following their appointment, each new member shall be given an orientation briefing by City staff and be provided with the Board's procedural rules and other information that may be useful to Board members in carrying out their duties. The City Zoning Code and the Comprehensive Plan are available online. Section 4: Absences. Three (3) consecutive unexplained absences of a Board member from regular Board meetings may result in a recommendation to the City Council from the Board to discharge said member and appoint a new Board member. Members shall be removable for cause by the City Council upon written charges after a public hearing. Section 5: Vacancies. Any vacancy on the Board because of death, resignation, long- term illness, disqualification, or removal shall be filled for the unexpired term by the City Council after at least thirty (30) calendar days of public notice of the vacancy. Section 6: Terms. Members shall be appointed for terms of five (5) years. No members shall be appointed to succeed themselves. However, a member appointed to fill an unexpired term with one (1) year or less remaining may also be appointed concurrently for one full five (5) year term. Section 7: Resignations. Resignation should be submitted in writing to the Board Secretary, who will transmit the resignation to the City Council with copies to the City Manager, the Director of Neighborhood and Development Services, and the Board Chairperson, preferably at least sixty (60) days prior to the date of intended departure. Section 8: Temporary Alternate. An alternate member, if available, shall be appointed as provided herein, to replace a member who is unable to participate in an appeal of an administrative decision due to a conflict of interest. Any person who has served as a member of the Board within the five (5) years preceding the filing of the appeal, and who represents the public at large and is not involved in the business of purchasing or selling real estate, shall be qualified to serve as an alternate. When a member has recused himself/herself due to a conflict and the date of hearing before the Board has been set, the Secretary of the Board shall notify all such persons and the first to agree to serve as the alternate is hereby appointed to do so. ARTICLE III. OFFICERS: Section 1: Number. The officers of the Board shall be a Chairperson and a Vice - Chairperson, each of whom shall be elected by a majority vote of the members of the Board. The Board Secretary shall be a staff person, who is appointed by the Director of Neighborhood and Development Services. Section 2: Nomination, Election and Term of Office. The Chairperson and Vice - Chairperson shall be elected annually at the first regular meeting of the Board each year, except as provided herein. The Secretary must promptly notify a member elected to an office if the member was not present at the meeting. The member must notify the Secretary whether the nomination is accepted or declined, and if declined, election for that office will be placed on the agenda for the next meeting. Section 3: Vacancies. A vacancy in the office of Chairperson or Vice -Chairperson because of death, resignation, removal, disqualification, or other cause shall be filled by election from the members of the Board for the unexpired portion of the term. Section 4: Chairperson. The Chairperson shall, when present, preside at all meetings, call special meetings, and in general perform all duties incident to the office of a Chairperson, and such other duties as may be prescribed by the members from time to time. Such Chairperson may administer oaths and compel the attendance of witnesses. Section 5: Vice -Chairperson. When the Chairperson is absent, abstaining, or recusing, the Vice- Chairperson shall perform the duties of the Chairperson and shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 6: Acting Chairperson. In the absence and/or due to the abstention or recusal of both the Chairperson and Vice -Chairperson, the remaining three (3) Board members may elect a member to serve as Acting Chairperson. The Acting Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 7: Secretary. The appointed staff person, who serves as the Board's Secretary, shall be responsible for maintaining the office of the Board, receiving and filing Board decisions and orders, posting and publishing notices as required by law, and for maintaining minutes and other records of the Board's proceedings. 2 ARTICLE IV. APPLICATIONS: Section 1: Application Forms. Any application for a request or appeal to the Board of Adjustment shall be filed with the City Clerk on forms provided by the Secretary of the Board. The Secretary's office is located in the Department of Neighborhood and Development Services. Forms are available in the Office of the City Clerk and on the City's website. In the appropriate cases, the Building Official shall transmit to the Secretary all documents constituting a record, upon which the Board shall act. Section 2: Application Submittal. Appeals to the Board shall be filed with the City Clerk within a reasonable time period, not to exceed thirty (30) calendar days after the action appealed from, and shall specify the grounds for such appeal. An appeal from a decision by the Building Official to issue a building permit shall not be deemed to have been filed within a reasonable time if such appeal is filed more than fifteen (15) calendar days after construction work pursuant to such permit is observable from adjacent properties or the public right-of-way or fifteen (15) calendar days after an alleged violation of the zoning code is similarly observable. Applicants may appeal an approval or a denial of a Certificate of Appropriateness from the Historic Preservation Commission within a conservation district by filing a letter with the City Clerk within fifteen (15) calendar days after a Resolution of Denial is filed by the Commission. Section 3: Application Filing Fee. The applicant shall complete the required forms, provide all information requested on the form, and provide any additional information as requested by the Secretary of the Board. A filing fee shall be paid upon presentation of the application. Application fees are established by resolution of the City Council. Section 4: Party of Interest. Requests for a variance or special exception must be filed on behalf of the real party in interest, such as the owner or contract purchaser. Section 5: Case Number. An application filed according to the above procedure shall be given a case number within seven (7) calendar days of the filing date. Case numbers will be assigned according to the order in which applications are received. ARTICLE V. NOTICE: Section 1: Notice Letters. No less than ten (10) calendar days prior to the public hearing, the Secretary of the Board shall send notice by mail to all property owners of record and to all non -duplicative individual occupants (when available on the City Assessor's website), within 500 feet of the subject property. Such notice shall include a description of the action requested along with the time and location of the meeting. The applicant shall be formally notified of the time and place of the hearing, in writing, by the Secretary of the Board. Section 2: Newspaper Notice. Notice of the time and place of public hearings shall be published in a newspaper of general circulation not more than twenty (20) calendar day nor less than ten (10) calendar days prior to the hearing. It shall contain the street address or location of the property and a brief description of the nature of the application or appeal. Section 3: Notice Sign. No less than ten (10) calendar days prior to the public hearing, the Applicant shall post a sign on or near the property upon which the application is being made and shall remove the sign immediately following the public hearing on the application. The sign will be provided to the applicant(s) by the Board Secretary. ARTICLE VI. HEARING: Section 1: Regular Hearings. Hearings will be held as needed at a regular time and place to be set by the members of the Board. Section 2: Special Hearings. Special hearings or meetings of the Board may be called by the Chairperson and shall be called by the Chairperson or Vice -Chairperson at the request of three (3) or more members of the Board. Section 3: Place of Hearings. All hearings and meetings of the Board shall be open to the public and shall be in a place accessible to people with disabilities. Section 4: Quorum. Three (3) members of the Board shall constitute a quorum. Section 5: Applicant Representation. The applicant may, at the time of the public hearing, appear on their own behalf and be represented by agent and/or counsel. The applicant or their representative may present oral argument and testimony; witnesses, including experts; and may submit written evidence and exhibits in the form of statements, photos, charts, or other relevant evidence. In the absence of the applicant or their representative(s), the Board may proceed to act on the matter based on the information provided. Section 6: Briefs. The Board may request written briefs for legal argument. Applicants may submit written briefs if they so choose. Section 7: Conduct of Hearing. Order and decorum shall be maintained at the hearing by the Chairperson of the Board of Adjustment, so as to allow an orderly presentation of evidence wherever possible. The Chair may swear witnesses and direct order of testimony. The Chair shall avoid testimony that is overly redundant. The Chair may provide for recesses during the deliberation, as appropriate. Any Board member who has a legal conflict of interest shall recuse him/ herself from the decision -making process. A member who has a legal conflict of interest or otherwise elects to recuse him/herself due to a perceived conflict of interest shall state the reason for recusal prior to discussion of the matter under consideration and may choose to leave the meeting room for the duration of the proceedings for that application. Section 8: Hearing Order for Special Exceptions and Variances. The order of hearing for special exception or variance requests shall be as follows: 1. Staff presentation of the facts of the case and recommendation to the board. 2. Statement by proponents of the application. 3. Statement by opponents of the application. 4. Rebuttal by proponents and then by opponents. 5. General discussion by the Board. The Board may request additional comments from the participants. 4 Section 9: Hearing Order for Appeals. The order of hearing for appeals of an administrative decision shall be as follows: 1. Brief introduction by the Secretary of the Board setting forth the administrative decision on appeal and appellant's grounds for the appeal, 2. Appellant presentation on the rationale for the appeal. 3. Staff presentation on the rationale for the administrative decision being appealed. 4. Statement by proponents of the appeal. 5. Statement by opponents of the appeal. 6. Rebuttal by proponents and then by opponents. 7. General discussion by the Board. The Board may request additional comments from the participants. Section 10: Board Deliberation. After all parties have been heard, the public hearing will be declared closed so that the Board may deliberate the case. The Board must state findings of fact and conclusions of law. These facts and legal conclusions must be set forth in writing as required by Iowa law. An application may be deferred or withdrawn at the request of the applicant at any time before a decision is made by the Board. Section 11: Board Motions. Motions may be made and seconded by any member of the Board. Motions are always made in the affirmative, approving the requested action. Section 12: Board Voting. After a motion and discussion, the Board shall be polled for votes. A board member may abstain from voting, which is a non -vote. The concurring vote of three (3) members of the Board shall be required to uphold an appeal, to decide in favor of a special exception, or to grant a variance. Voting on Board decisions will be by roll call and will be recorded by yeas and nays. Proxy votes are not allowed. Section 13: Legal Advisor. The City Attorney or a designated representative shall act as legal counsel to the Board. Section 14: Conduct of Meetings. Except as otherwise provided herein, Robert's Rules of Order Newly Revised shall be used to conduct Board hearings and meetings. ARTICLE VII. RECORDS: Section 1: Record of Hearings. Audio recordings shall be made for all hearings and such recordings shall be kept for a period of no less than six (6) weeks. Minutes shall be produced from such recordings and forwarded to the City Council after approval by the Board or the Secretary of the Board. All minutes shall be maintained by the Secretary of the Board and shall also be on file at the City Clerk's Office. The applicant may request a court reporter at the applicant's own expense. Section 2: Case Files. The Secretary of the Board shall keep a file of all cases, including forms and additional information. Said file shall be a public record and available for public inspection during business hours. Copies may be made available upon request, at cost. Section 3: Transcript. Upon request, a transcript or the audio recording of the Board's deliberation will be made, at cost to the requester. In the case of an appeal to district court there is no charge for the transcript. ARTICLE Vlll. DECISIONS: Section 1: Timing. Whenever possible, decisions by the Board shall be made at the same hearing wherein the testimony and presentation of evidence are considered. Section 2: Format. Formal decisions shall be made in writing, setting forth findings of fact and conclusions of law as required by Iowa law. Section 3: Filing. Each decision shall be filed with the City Clerk within a reasonable time after the Board hearing, and shall be stamped by the Clerk to indicate the date and time of filing. The Clerk will forward the decision to the Johnson County Recorder's Office for recording at the City's expense. Section 4: Contact. A copy of said decision shall. be forwarded by the Secretary of the Board to the applicant, the Building Official, the City Attorney's Office, and any Attorney of Record within a reasonable time after filing with the City Clerk. Section 5: Reconsideration. Upon written request, the Board may reconsider a decision on a special exception or variance application. A request for reconsideration must be made within fifteen (15) calendar days of the meeting at which a vote on the application was originally taken and shall articulate and be based on evidence that was not presented or was unavailable at the time of the original hearing. A motion to reconsider must be made at the subsequent meeting by a member of the Board who voted on the prevailing side. If a motion to reconsider is approved, the application will be placed on the agenda of the next meeting in order to satisfy the requirement for public notice and hearing. No decision may be reconsidered more than once. Appeals to the Board may not be reconsidered. ARTICLE IX. AMENDMENTS TO THE PROCECURAL RULES. Section 1: Amendment. A concurring vote of three (3) of the members of the Board shall be necessary to amend these procedural rules. Such proposed amendments shall be presented in writing at any regular meeting or at any special meeting called for that purpose. Amendments shall go into effect upon approval by the City Council. (Adopted Reso. No. 24- 254 ) LATE HANDOUTS - THE FOLLOWING DOCUMENTS WERE DISTRIBUTED AT THE MEETING December 13, 2023 To: Iowa City City Council From: Iowa City Board of Adjustment Subject: Request for Consideration of Sidewalk Infill i � I CITY OF IOWA CITY 4 [0 East Washington Street Iowa City, Iowa 52240- [ 826 (3I9) 356-5000 (3I9) 356-5009 FAX www.lcgov.org On November 8, 2023, the Board of Adjustment approved a special exception request to allow a daycare use in a Low Density Single -Family Residential (RS-5) zone at 1839 B Street. The daycare is proposed to serve 120 children. Such a proposed daycare will provide a much -needed service in our community, but the Board would like to draw your attention to the absence of sidewalks along the street, including along the route from the nearest transit stop. The addition of sidewalks would greatly enhance the safety and accessibility of the area and would ensure a safe route for families with young children, staff, pedestrians, and others utilizing public transportation. The sidewalk would also contribute to the improvement of our neighborhood infrastructure and provide a new accessible connection to Chadek Green Park. Considering the community -oriented nature of a daycare center and its importance in supporting working families, we kindly request that the City Council explore the possibility of allocating resources for the construction of infill sidewalks along the 1800-1900 block of B Street and the 400 block of 51h Avenue. This investment would not only promote pedestrian safety for the daycare but also encourage a more walkable and accessible neighborhood. We understand the need for responsible allocation of resources and appreciate the careful consideration that the City Council give to such matters. We believe that this initiative aligns with the City's commitment to the welfare and safety of our youngest residents, in addition to creating a walkable community. Thank you for your time and consideration of this request. Sincerely, rr Nancy Carlson Chair Board of Adjustment